. >> what do you say to senators like lindsay graham and mccain who say, look, we want these guys to be enemy combatants and tried in military court. can you understand the visceral reaction to say we don't want to trot them in like a normal trill this is an act of terror. >> it is a visceral reaction. if you look at the track record here. i wouldn't rule out a tribunal. it's something the president can use in certain circumstances. maybe there are reasons to do it here. when you look at the track record over time, over the last 15, 20-years, what have we done with terrorists? what we have done with them most successfully is put them in jail for civil tries in federal criminal court. there are tons of them sitting in jail for the rest of their lives. >> david, when you say that, how often has the death penalty been sought in the terror cases. we have the time square bomber, the underwear bomber and reed the shoe bomber they all got life. >> in the sally case the death penalty because sought and the jury in northern virginia district of virginia said no death penalty. that's not the o